Man accused of killing Sam DuBose faces Wednesday court hearing

Cincinnati defense attorney Mark Krumbein discusses legal maneuvers

Ray Tensing, the former University of Cincinnati police officer accused of killing Sam Dubose, faces a scheduling hearing at 9 a.m. Wednesday. But Tensing's attorney has told News 5 his client will not be making an appearance at the Hamilton County courthouse.

"This will be, I would imagine, quite a battle," Krumbein said. "I don't know if there's very much middle ground here."

Krumbein is not associated with Tensing's case, but he has tried homicide cases against prosecutor Joe Deters.

He speaks highly of Tensing's attorney, Stew Mathews, but he said he knows Mathews will face a tough challenge at trial.

"Joe Deters is a very formidable opponent. He's a top notch trial attorney," Krumbein said. "He's a very fair guy. I know he will want former officer Tensing to receive a fair trial, and that's the way it should be."

The speed with which the Tensing case goes to trial may depend on the presiding judge, Megan Shanahan.

"She's a no-nonsense judge, by the books," Krumbein said. "She's probably going to want to keep this case moving, to either a plea or to trial in a pretty quick fashion."

Tensing said he shot and killed DuBose during an off-campus traffic stop because he feared for his life.

A grand jury disagreed and indicted Tensing on a murder charge.

Tensing's police-issued body camera captured the deadly interaction.

Now with a scheduling hearing on the docket, the public is waiting to find out what will happen next.

"People are clinging to every little fact or nuance of this case," Krumbein said, "Very unusual."

Many people wonder if an impartial jury can be seated in Hamilton County given how much media attention there's been about the case.

While he said it might be tough, Krumbein says the county's large population should help.

"It's so huge that the odds are they can find people that still do not know anything about this case," Krumbein said. "There's probably tens of thousands of people, if not more, that have not formed an opinion. And even if a person has formed an opinion, if they can put that opinion aside and listen to the facts, then they would be permitted to be jurors."